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CR.MA/9977/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9977 of 2008
=========================================================
FATEHSINH
AMBALAL PADHIYAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BD KARIA for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/08/2008
ORAL
ORDER
Rule. Mr.H.L.Jani,
learned Additional Public Prosecutor waives service of Rule on
behalf of the State. In the facts and circumstances of the case and
by consent of both the sides, this petition is taken up for hearing
today.
This petition is
preferred under Section 439 of the Code of Criminal Procedure for
regular bail in connection with FIR registered as CR No. I? 56 of
2008 registered with Aanklav Police Station, District-Anand for the
offences punishable under Sections 302, 324, 323, 504, 506(2) and
114 of the Indian Penal Code.
The learned advocate
for the petitioner submitted that petitioner has not played any role
in the commission of offence alleged against him and therefore it is
a fit case to release the petitioner on bail. The learned advocate
further submitted that the false case is foisted on the petitioner
and therefore, the prayers as set out in the application may be
granted.
Learned APP
Mr.H.L.Jani, opposing the bail application, submitted that
considering the FIR at Annexure-A to the petition and role played by
the petitioner in the commission of offences punishable under
Sections 302, 324, 323, 504, 506(2) and 114 of the Indian Penal
Code, the petitioner is not required to be released on bail. The
learned APP has also placed reliance on the statement of the
witnesses namely Vimlaben and Govindbhai and submitted that in view
of the statement of the witnesses, the application deserves to be
rejected.
Heard learned
advocate Mr.B.D.Karia for the petitioner and Mr.H.L.Jani, learned
Additional Public Prosecutor at length and in great detail. I have
also perused the averments made in the application as well as the
FIR produced on the record. Having considered the rival submissions
and on perusal of the documents on record as well as FIR at
Annexure-A to the petition, petitioner is booked for the offences
punishable under Sections 302, 324, 323, 504, 506(2) and 114 of the
Indian Penal Code. I have also considered the involvement of the
petitioner in the alleged offences and the gravity of the offences.
Considering the
above, prima facie there is no direct involvement of the petitioner
in the commission of offences and therefore, I am of the view that
the petitioner is required to be enlarged on regular bail at this
stage, without discussing the evidence in detail.
In the peculiar facts
and circumstances of the case, the petition is allowed and the
petitioner is ordered to be enlarged on bail in connection with CR
No. I? 56 of 2008 registered at Aanklav Police Station on executing
a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of
the like amount to the satisfaction of the Trial Court and subject
to the conditions that he shall:
[a] not take undue
advantage of his liberty or abuse his liberty;
[b] not act in a
manner injurious to the interest of the prosecution;
[c] surrender his
passport, if any, to the lower Court within a week;
[d] not leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[e] mark his presence
at the concerned Police Station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial
is over;
[f] furnish the
present address of his residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain law and
order.
If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the
matter.
Bail bond to be
executed before the lower Court having jurisdiction to try the case.
At the trial, the
Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the petitioner on bail.
Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.
Antani, J.]
(ila)
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